9. Specialised Procedures
9.
Specialised Procedures
9.1
Probate - Non-Contentious or Common Form
9.1.1
Postal applications in the Probate Office
___________________________________________________________
1.
Applications in the Probate Office may be filed by prepaid post to:
Supreme Court of Western Australia
Level 11, 28 Barrack Street
PERTH WA 6000
2.
An application for probate or letters of administration with the will or an
application containing a document purporting to be a will or codicil,
should be posted by certified mail.
3.
An application must be accompanied by the appropriate filing fee.
4.
The
fee is prescribed in the
Supreme Court (Fees) Regulations 2002
and
reviewed annually. For information on the current Probate filing fee for
applications see the State Law Publisher website at:
www.slp.wa.gov.au/legislation/statutes.nsf/main_mrtitle_2089_ho
mepage.html
(Schedule 3)
or the Supreme Court website at:
www.supremecourt.wa.gov.au
(Forms and Fees - Probate Fees)
5.
The applicant should make and retain a photocopy of any original will
or codicil, or any document purporting to be an original will or codicil,
prior to posting the application.
9. Specialised Procedures
9.1.2
Death Certificates
___________________________________________________________
1.
An original death certificate filed with an application under r 6(3) of the
Non-Contentious Probate Rules 1967
may be
returned to the applicant
30 days after the issue of the grant provided:
(a)
the applicant requests this in writing;
(b)
a photocopy of the certificate has been filed or the
prescribed fee paid for
the copying of the certificate;
and
(c)
where the application is made in person or through a
solicitor who does not have a city agent, a stamped
addressed envelope has been lodged in the Registry.
2.
Alternatively, rather than filing the original death certificate when filing
an application, the applicant may produce the original death certificate
which, after being photocopied by Registry staff, will be returned to the
applicant. The photocopy will be noted
as being a true copy of the
original and will be retained on the court file.
3.
The fee referred to at par 1(b) above is prescribed under the
Supreme
Court (Fees) Regulations 2002
and reviewed annually. For information on
the current Probate fee for copying a
document see the State Law
Publisher website at:
www.slp.wa.gov.au/legislation/statutes.nsf/main_mrtitle_2089_home
page.html
(Schedule 3)
or the Supreme Court website at:
www.supremecourt.wa.gov.au
(Forms and Fees - Probate Fees)
9. Specialised Procedures
9.1.3
Supreme Court of Western Australia
Consolidated Practice Direction
9.1.3
Statements of Assets and Liabilities
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